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7.2 Annex Quail Meadows CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 7/19/04 TIME 4:00P.M. AGENDA SECTION NO: 7 ORIGINATING DEPARTMENT: DEAN AN DREW PLANNING AND COMMUNITY DEVELOPMENT APPROVED FOR AGENDA: ITEM NO. Page 1 Item 2 BY: BY: Application #A04-3 filed by Quail Meadows Property, Inc., requesting annexation of a 76.14 acre tract of land located at the northwest corner of Schilling Road and Ohio Street. Nature of Request The applicant (Stan Byquist) is requesting annexation of a 76.14 acre tract of vacant agricultural land that is contiguous to the existing city limits in order to obtain full municipal services for a proposed residential and commercial development. Companion applications have been filed for R- 1, R-2 & C-1 zoning and preliminary plat approval for a proposed residential subdivision to be known as Quail Meadows Estates on the West 57.86 acres of this property. This 76.14 acre tract is currently divided into three (3) ownership parcels owned by Quail Meadows Property, Inc., Stan Byquist and James R. Caywood. The two nine (9) acre parcels along Ohio Street owned by Stan Byquist and James Caywood are not included in the Quail Meadows plat at this time but are included in the annexation request. They would retain their Agricultural zoning designation until a plat for the Ohio frontage is filed. Availability of Water and Sewer The annexation request area can not be completely served by the city's current utility system. A major water line improvement project needs to be completed to make this site fully developable. The City has worked with Wilson & Co. to develop a utility and drainage master plan for the Liberty Addition south of Schilling Road. The recommended utility improvements also benefit this property. 1. lmProvements to the City's Water Distribution System The installation of a new 12" water line connecting to the existing 16" line near the intersection of Magnolia Road and Ohio Street, the extension of a new 12" water line along the west side of Ohio Street south to Schilling Road, the extension of a new 12" water line west along the north side of Schilling Road to the Union Pacific Railroad tracks and connection to the existing system on the west side of the Union Pacific Railroad is proposed. This looped water system must be in place to allow any development at the northwest corner of Schilling and Ohio that requires more than 1 ,000 gpm of fireflow. The cost of installing this looped water system will be financed up front by the City's Water Utility with those costs recovered through a Capital Cost Recovery Charge. Benefiting properties along Ohio Street and Schilling Road will be charged their proportionate share of the equivalent cost of CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 7/19/04 TIME 4:00P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 7 DEAN AN DREW AGENDA: PLANNING AND COMMUNITY ITEM DEVELOPMENT NO. 2 BY: BY: Page 2 a 6" water line. A "benefit area" will be established and the proportionate share of each benefiting landowner will be based on the acreage of the benefiting property that can be served by this line. This fee will be collected at the time of final platting for residential lots but could be collected at the time a building permit is issued for large commercial lots unless the governing body approves an alternate payment plan. lmProvements to the City's Sanitary Sewer System 2. The City of Salina has adequate capacity in its existing sanitary sewer system to accommodate development of this 76.14 acre tract. The city's interceptor sewer line runs east-west along the northern boundary of this tract and is adequate in depth and capacity to serve the annexation area. The applicant will be responsible for extending needed utility lines (both water and sewer) into the remainder of the site to serve individual building lots. The layout and design of these internal improvements will be resolved during the platting process. Draina~ This property would be subject to the Schilling Road Ditch Capital Cost Recovery Charge because runoff from this property would drain south directly into the Schilling Road Ditch. The drainage fee would be $.129/cu. ft. of additional runoff. "Additional runoff" means the difference between the volume of stormwater runoff that comes off the property today in its agricultural state and the amount of runoff generated by this property upon full development (see attached Benefit Area map.) Street Access and Improvements Schilling Road between the Union Pacific Railroad tracks and Ohio Street was rebuilt in 1997. Abutting properties were not assessed for the cost of the road at that time. Therefore, this property would be subject to a Capital Cost Recovery Charge for that reconstruction. The charge is set at $.0376/sq. ft. of land area or $1 ,638/acre. This fee or charge must be paid to the City prior to the development of any land subject to the Capital Cost Recovery Charge. The charge is applicable to the square footage or acreage within the tract that is being developed. For purposes of the Capital Cost Recovery Charge, "development" shall mean either final approval of a subdivision plat by the City, or, if approval of a subdivision plat by the City is not required for any reason, then upon the first to occur of either annexation of the property into the corporate limits of the city or connection to the water or sewer system of the City. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 7/19/04 TIME 4:00P.M. AGENDA SECTION NO: 7 ORIGINATING DEPARTMENT: DEAN AN DREW PLANNING AND COMMUNITY DEVELOPMENT APPROVED FOR AGENDA: ITEM NO. Page 3 2 BY: BY: When the public interest is served by a reasonable delay in payment of the lump sum Capital Cost Recovery Charge, the governing body may approve an agreement with the owner specifying when the lump sum payment shall be made and any other relevant terms or conditions. As a result of being subject to the Capital Cost Recovery Charge, property within the Benefit Area shall neither be specially assessed nor required to pay a charge or fee in conjunction with the future reconstruction of Ohio Street (see attached Benefit Area map.) The applicant will be responsible for extending public streets from Schilling Road and Ohio Street into the site to serve individual building lots. The future street layout will be determined during the platting process. Schilling Road and the Schilling Road Ditch were annexed into the city into 1999 and both are owned and maintained by the City. Saline County currently has ownership and maintenance responsibility for Ohio Street along the eastern boundary of this tract and Ohio Street is not included in the 76.14 acre annexation request area. This section of Ohio Street was not constructed to city street standards and is scheduled for reconstruction and widening in 2008 as a KDOT funded project. Other Utilities This 76.14 acre tract is within Westar Energy's service territory for electric service and is not part of any rural water district so there are no franchise issues or district boundaries that would need to be adjusted as a result of annexing this property into the city. A natural gas line is located 1,100 feet away on Schilling Road near the entrance to Bergkamp's. This line was extended under the railroad tracks to serve the Kennedy and Coe site which would bring it closer to this property. Macent Properties The Bonnie Ridge Addition was annexed into the city in 1963. The 146 acre Liberty Addition south of Schilling Road was annexed last year. However, the Union Pacific railroad tracks and right-of- way abutting the Liberty Addition and this property has never been annexed and the City is initiating the annexation of that section of track down to Water Well Road. The agricultural land on the east side of Ohio Street is located in unincorporated Saline County but is viewed as a future annexation area. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 7/19/04 TIME 4:00P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 7 DEAN AN DREW AGENDA: PLANNING AND COMMUNITY ITEM DEVELOPMENT NO. 2 BY: BY: Page 4 Emergency Services Annexation of this property would mean that the City of Salina Fire Department would be responsible for providing EMS service and fire protection to the subdivision. Emergency response would be from Station #3 on Belmont Boulevard. This property is contiguous to areas that are within the existing city limits and already receive City police and fire protection. Comprehensive Plan The city's adopted land use plan shows this area as appropriate for low-density residential development and as a Primary Service Area for extension of city services. The Planning Commission recommended that the land use plan be amended to show a portion of the Schilling Road frontage and all of the Ohio Street frontage as commercial office. In addition, the following development policies contained in the Comprehensive Plan document are relevant to this annexation request: A2 Annexation will be required before facilities and services are provided to any size, except for industrial uses which shall consent to future annexation. R14 No new residential development should be permitted until adequate water and sanitary sewer service are provided. Every effort should be made to discourage growth in locations where provision of these services are not available or planned as part of the City's future urban service growth areas. A7 The City will assist property owners and developers in Primary Service Areas in taking positive steps toward annexation under the presumption that annexation is in the best interest to property owners as well as to Salina as a community. Assistance includes, but is not limited to, dissemination of City plans and information regarding annexation and making available City staff resources to assist in the coordination of annexation matters. Planning Commission Recommendation The Planning Commission reviewed this annexation request at its July 6, 2004 meeting. The Planning Commission voted 5-0 to recommend that the subject property be annexed into the corporate limits of the city. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 7/19/04 TIME 4:00P.M. AGENDA SECTION NO: 7 ORIGINATING DEPARTMENT: DEAN AN DREW PLANNING AND COMMUNITY DEVELOPMENT APPROVED FOR AGENDA: ITEM NO. Page 5 City Commission Action 2 BY: BY: If the City Commission concurs with the recommendation of the Planning Commission as to this petition for voluntary annexation, the attached annexation ordinance should be approved on first reading. Second reading would be held in abeyance until the terms of an Annexation Agreement are finalized. Encl: Application Vicinity Map Schilling Road Ditch Cost Recovery Area Schilling Road Cost Recovery Area Excerpt of PC Minutes 7/6/04 Ord No. 04 - 10216 cc: Stan Byquist James Caywood Ken Wasserman ., Heari ng Date ---Tl1llP 1, r 7004 Application No. ". . IIA04-3 Vicinity ~1ap. KG Filing Fee N/A Date Filed May 7,2004 Receipt No. .APPLI CATION FOR ANN,EXATION 1. Applicant's Name Address Stan Byquist and James Caywood (Phone) ~81)-6n7-2241 . 2. General Location of Property Northwest corner of Schilling Road and Ohio Street 3. Legal Description of Property (Attach additional sheets if necessary) e 3W of the 6th PM in Saline County, Kansas - 4. 5. Size of property to be annexed (sq. ft. or acreage) 76.14 acres List reason(s) for applying for annexation Extension of City utilities and services to ~Qr\7e a new re~idiintial ~11b.d.i-uiiion 1;vi.th. ¡owe o:f..fi<,~ d~uelopm~nt along 5<,bi.l1ing Road. . 6. Present . (Saline County) AG (A.gricultural) Use Cultivated field zonlng ,. 7. Proposed zoning if annexed A-1, R-1, R-2 and C-1 8. Number of persons residin9 on property to be annexed ~O- In ~ubmitting this application I do hereby request the Salina City Planning Commission to consider the above described property for inclusion within the corporate limits of Salina, Kansas. Applicant's Signature ~elt14 If the applicant is to be represented by lega'l counselor an authorized agent, please complete the following in order that correspondence and communi.cations pertaining to this application may be forwarded to the authorized individual. Name of Representative Address Telephone (Business) , ' ~ " April 27, 2004 City of Salina, Kansas Mr. Dean Andrew Director 0 f Planning and Community Development Fax # 785-309-5713 Mr. Andrew: Stan Byquist has my power of attorney to proceed on annexation, zoning and platting on my 40 acres of ground on the northwest comer of Shilling Road and Ohio Street in Salina County, Kansas. Sincerely, r:.: - ~'. " . ~ ;;"l:Jo\ ~ C J ..... ~ ...,; J"" ~ .. ;¡ ~ \...ai f"¡ tA . S CERTIFJCA TE OF ACKNOWlEDGMÐ~T A 1T ACHED HERETO cc: Stan Byquist JRC/eik \. m :;u -0 :;u - en m 0 :;u 1 Inch = 800 Feet Application #A04-3 Filed by Stan Byquist and James Caywood I I I I I I I I I ,..., . .. . . . . . . ! ~ , ! AD 0 N w E '- s l 1 Inch = 1600 Feet - ) " 0 DETENTION BASIN ! J Schilling Drainage Ditch and Detention Basin Benefit District Boundary I CITY liMITS 1 290' .. 0 CD .q- ... 0 M to d 0 « a.. ~ c:a: ~ CJ a: w m ... N N . N 0) f'o. 1 Inch = 400 Feet 1.33 ... 0 0 N ... f'.. 0') -----~ I lttt!j I SCOTT AV 2 2565' 3 SCHilliNG AD '- 4 2570' 5 I . . I: I . J' . . . I . . I . Ii \ : , . \ . \ : I . . 38.0 . . . . . . . . . . . . . . . . . . . . . . .--- r 46.7 I I 1 { I ¡ I SCHilliNG ROAD ..-------.... BENEFIT DISTRICT BOUNDARY EXCERPT OF MINUTES - APPLICATION #AO4-3 SALINA CITY PLANNING COMMISSION CITY COMMISSION ROOM JULY 6,2004 4:00 PM. MEMBERS PRESENT: Britton, Hass, Hedges, Krug and Simpson MEMBERS ABSENT: Funk, Ramage and Yarnevich DEPARTMENT STAFF: Andrew, Burger, Cooper, Fisher, Johnson, Koepsel and O'Leary #4. Application #A04-3 filed by Quail Meadows Property, Inc., requesting annexation of a 76.14 acre tract of land located at the northwest corner of Schilling Road and Ohio Street (Continued from June 15, 2004). Mr. Andrew gave the staff report which is contained in the case file. Mr. Britton asked are there any questions of staff? Mr. Hass asked Dean you mentioned that the whole water line has to be in place before any development occurs? Mr. Andrew stated we don't know that yet. I think the applicant is still working with their engineer to determine if there are areas that could be developed. I think based on the phasing plan, if they can get a thousand gallons a minute over in the southwest and northwest corners, they could do that without completion of the loop. But if you are talking about any kind of office development or multi-family along Schilling Road and certainly future development along Ohio, that simply can't be done without completion of this loop. Mr. Britton asked Shawn or Brad we have a lot of impact fees on this site already and I understand that this is about to go out for bids so obviously we don't have a final cost on that project, but this is going to be another impact fee on that site, but will that impact fee, we talked real briefly earlier, if the northwest corner of that property does not need, or has enough water at a 1,000 gpm to be built without will that impact fee flow into this property or is that something still has required some study? Mr. O'Leary stated we are reviewing that Mr. Chairman, in fact there are really two issues I understand with the project. We have been ready to go for months and we need an easement from these two property owners, Mr. Byquist and Mr. Caywood along Ohio Street and they have been hesitant to dedicate that to us because of this issue and we have essentially committed to them that if they can prove that the northern portions of the property can be served by existing systems that they would be excluded from the impact area or the benefit district and those remaining fees would be allocated to the properties. We are still Salina Planning Commission July 6, 2004 Page 2 awaiting that material from Earles Engineering as I understand. Our initial review of that from a hydraulic standpoint is that very little if any of the property can be developed without that major water line on Ohio and Schilling, but it is possible that you could extend part of that system from Linda Lane and Melanie Lane down into the northern portions and exclude part of that. Again the ball is in their court, we are awaiting the dedication of the easements and the engineering review on the impact area until we can finish our portion of the work. Mr. Hass asked so Shawn you are saying that the bid may not be let if they can prove to you? Or will that go forward irrespectively? Mr. O'Leary stated it will go forward. Our only hesitation in not doing it before now is the need for easements. We are not able to build the pipeline as we have designed it without the dedication of easements from this development group and that has not occurred yet and that has been the hold up on the water line project. Mr. Britton asked but the $160,000 that alluded to, whatever potential impact fees are coming from this water line are not in that total? Mr. Andrew stated I did include the water in there based on the $170 an acre estimate that we have that that cost would be spread. It is correct that until the project is actually bid and constructed you wouldn't know the answer to that but that $150,000 to $160,000 total included a potential impact fee for water. Mr. O'Leary stated that gets us in the ballpark. Again it is always a math problem, not so much our concern, the bid units, as I mentioned if you take out part of that benefit area and allocate that to the remainder, their price goes up and the other price goes down so it is really hard to fix those numbers until we know what the magnitude of the benefiting area ultimately is. Mr. Britton asked are there further questions of staff? Hearing none are there members of the public that would like speak to the annexation of this tract of land? Mr. Wasserman stated we met with the City on June 11,2004 along with the City Manager and it was our understanding and maybe we misunderstood that we agreed to provide the easements. We knew that we had to work out the allocation of the Benefit District and we were waiting for a letter from Mr. Kissinger in that regard and we received it about June 25, so we are in the process of working on that right now and should have that completed very quickly. If we are to prepare the easements we will certainly be happy to do that, we simply thought that they were being prepared by the City since they know where they want them and how wide they need to be etc. But we are prepared to sign those and we certainly would request that this annexation be favorably considered. Mr. Johnson stated we had to revise those here at the last minute and so those either went out Friday or today, the easement documents for signature. Salina Planning Commission July 6, 2004 Page 3 Mr. Britton asked are there any other members of the public that would like to speak to this? Hearing none I will bring it back to the commission for discussion and possible action. MOTION: Mr. Simpson moved to recommend that the subject property be annexed into the corporate city limits. SECOND: Mr. Hedges seconded the motion. VOTE" Motion carried 5-0.